Wilbor
Wilbor v. GG Homes, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GLENN WILBOR, Case No.: 21cv226-LL-BGS
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. MOTION TO DISMISS
PLAINTIFF’S FIRST AMENDED
GG HOMES, INC.,
COMPLAINT
Defendant. [ECF No. 8]
17 Defendant GG Homes, Inc. (“GG Homes”) moves to dismiss with prejudice Plaintiff’s First Amended Complaint (“FAC”) under Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), and 12(f). ECF No 8. Plaintiff, proceeding pro se, filed a response in opposition, [ECF No. 11], and GG Homes filed a reply, [ECF No. 12]. The motion is suitable for submission without the need for oral argument. For the below reasons, the motion is GRANTED. I. BACKGROUND In his FAC, Plaintiff alleges GG Homes, using an automatic telephone dialing system (“ATDS”), solicited him without his consent by sending the following spam text message to his personal cell phone ending in 0541: Hi Glenn, I’m an investor…